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Ericcson sues Apple and wants iPhone ban
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Everything Goes
27-02-2015
Ericcson sues Apple and wants iPhones banned in the USA. We all know that wont happen just ask Obama! Yet another fine example of the USA's bent and broken patent system. This time it centre's around 41 patents that Ericcson own and Apple aren't happy with the price they want to pay to continue using them. Apple are struggling to make a healthy profit you know


Quote:
“Ericsson, world pioneer in mobile technology and wireless communications, is filing seven lawsuits against Apple in a U.S. court, accusing it of infringing on 41 of its patents, including some "that are essential to the 2G and 4G/LTE standards", as well as patents related to the component design of Apple products, UI, location services, and iOS features.

If having to pay half a billion dollars to Smartflash sounds bad, now Ericsson is asking the International Trade Commission to ban sales of Apple's iPhone and iPad in the U.S. market. Kasim Alfalahi, Ericsson’s chief intellectual property officer, stated that “we have offered them a license; they have a turned it down.”

Prior to mid-January 2015, Apple had been paying Ericsson royalties for using their patents, but the license expired, and after not being able to negotiate a renewal, the two companies proceeded to sue each other. Kristin Huguet, an Apple representative, has stated that “unfortunately, we have not been able to agree with Ericsson on a fair rate for their patents so, as a last resort, we are asking the courts for help.”

Apple is accusing Ericsson of "abusive licensing practices", arguing that Ericsson “seeks to exploit its patents to take the value of cutting-edge Apple innovations”, and has refused the offer to have an arbitrator determine the proper rates for the licenses involved in their design.”

http://www.neowin.net/news/ericsson-...-the-us-market
mogzyboy
28-02-2015
If these companies spent as much time developing products as they do on lawsuits...
Yawn!
DevonBloke
28-02-2015
Bunch of bloody children all of them!
It's like my kids in the back of the car having an argument about how one of them looked at the other.
Why does it only affect the US though?
IvanIV
28-02-2015
Originally Posted by Everything Goes:
“Ericcson sues Apple and wants iPhones banned in the USA. We all know that wont happen just ask Obama! Yet another fine example of the USA's bent and broken patent system. This time it centre's around 41 patents that Ericcson own and Apple aren't happy with the price they want to pay to continue using them. Apple are struggling to make a healthy profit you know




http://www.neowin.net/news/ericsson-...-the-us-market”

It will have to be a sick profit then. Oh,wait, it already is. And here you have it, use if it suits you, ignore when it does not.
tdenson
28-02-2015
Originally Posted by IvanIV:
“It will have to be a sick profit then. Oh,wait, it already is. And here you have it, use if it suits you, ignore when it does not.”

They were paying a fair price, but now Ericcson are taking the mickey. What do you expect them to do ? They are not ignoring the patents as you say, they have asked the courts help decide a fair renewal price.
Stiggles
28-02-2015
Originally Posted by tdenson:
“They were paying a fair price, but now Ericcson are taking the mickey. What do you expect them to do ? They are not ignoring the patents as you say, they have asked the courts help decide a fair renewal price.”

Well, apple think they were paying a fair price. Maybe they weren't.

Anyway, the fact is, the whole thing with patents is becoming increasingly childish from all companies these days.
The Lord Lucan
28-02-2015
No big issue. Court looks at price competitors are paying, awards one party after that. Not sure why everyone gets their knickers in a twist. It's just one company thinking they could get a better deal on one of the hundreds, maybe thousands of parents they have to pay to bring you a phone like the iPhone. Folk wonder why it costs so much well some of it because of patents. Which is fine when everyone is on the same playing field but many times they are not. Apple is an easy target and hence why it defends itself regularly. If they didn't the iPhone would cost you more.
Thine Wonk
28-02-2015
Originally Posted by The Lord Lucan:
“No big issue. Court looks at price competitors are paying, awards one party after that. Not sure why everyone gets their knickers in a twist. It's just one company thinking they could get a better deal on one of the hundreds, maybe thousands of parents they have to pay to bring you a phone like the iPhone. Folk wonder why it costs so much well some of it because of patents. Which is fine when everyone is on the same playing field but many times they are not. Apple is an easy target and hence why it defends itself regularly. If they didn't the iPhone would cost you more.”

One thing is does it lock out all the smaller competition and leave the big boys with the most patents to fight it out. A good case for the review of patent law is on the grounds of competition.

It IS a big issue, patents are causing us to have to pay much more than we should for technology and stopping newer companies from coming into the market.
calico_pie
28-02-2015
I assume if there's one thing we can be certain of, its that Apple are the bad guys in this, and every other, dispute.

I'm sure no company would try to get a better deal out any agreement it had with Apple on account of Apple's current success.
slattery69
28-02-2015
it appears the dispute is over how the payment is based. Ericsson want it based on the cost of the handset (like apple did when they sued samsung) apple want it based on the part or parts involved.

http://9to5mac.com/2015/02/27/ericsson-itc-iphone-ban/
tdenson
28-02-2015
Originally Posted by calico_pie:
“I assume if there's one thing we can be certain of, its that Apple are the bad guys in this, and every other, dispute.

I'm sure no company would try to get a better deal out any agreement it had with Apple on account of Apple's current success.”

One thing's for sure - had it been Samsung taking Erricson to court it wouldn't have achieved a thread here.
calico_pie
28-02-2015
Originally Posted by Everything Goes:
“Ericcson sues Apple and wants iPhones banned in the USA. We all know that wont happen just ask Obama! Yet another fine example of the USA's bent and broken patent system. This time it centre's around 41 patents that Ericcson own and Apple aren't happy with the price they want to pay to continue using them. Apple are struggling to make a healthy profit you know ”

That's a knowing wink.

Can I just ask - in your opinion should the price Company A pays Company B for something be based on the amount of profit Company A is making?

If so, why?

If not, why mention it as though it is?

I would genuinely be interested in your answers.

Of course it may just have been a petty dig at Apple, based on absolutely nothing. But I'll remain open minded until you expand on any of the above.
calico_pie
28-02-2015
Originally Posted by tdenson:
“One thing's for sure - had it been Samsung taking Erricson to court it wouldn't have achieved a thread here.”

I guess we'll never know.

It will be interesting to see if there is a thread about any result of any appeal in the Smartflash case though. I'm sure if there are any developments, there will be.
gulliverfoyle
28-02-2015
I have never understood why they dont just reverse engineer there own system for the parts/tech they need

like the BIOS back in the day

http://www.computerworld.com/article...gineering.html
swordman
28-02-2015
Originally Posted by calico_pie:
“I assume if there's one thing we can be certain of, its that Apple are the bad guys in this, and every other, dispute.
.”

Yes agreed and largely true although I'm sure some detailed research may provide the odd exception.
calico_pie
28-02-2015
Originally Posted by swordman:
“Yes agreed and largely true although I'm sure some detailed research may provide the odd exception.”

I'm sure there's no need for detailed research when we can infer the worst from a mere headline.
swordman
28-02-2015
I suppose wise words again CP
Rossby41
28-02-2015
Quote:
“Apple is accusing Ericsson of "abusive licensing practices", arguing that Ericsson “seeks to exploit its patents to take the value of cutting-edge Apple innovations”, and has refused the offer to have an arbitrator determine the proper rates for the licenses involved in their design.”

Yeah, like Apple have never done that before.
Everything Goes
28-02-2015
Originally Posted by calico_pie:
“That's a knowing wink.

Can I just ask - in your opinion should the price Company A pays Company B for something be based on the amount of profit Company A is making?

If so, why?

If not, why mention it as though it is?

I would genuinely be interested in your answers.

Of course it may just have been a petty dig at Apple, based on absolutely nothing. But I'll remain open minded until you expand on any of the above.”

Apple are very good at negotiating with manufactures so they pay the bare minimum for components. There have been many cases where manufactures have walked away from Apple as it just wasn't worth it. With Patents its more difficult to do since they are essential for the phone to operate. Hence why its gone to court. Apple may well have wanted to pay a lot less for the Patents but Ericcson said no. Maybe Apple think they can increase profits even more by trying this sort of tactic over Patents.
calico_pie
28-02-2015
Originally Posted by Everything Goes:
“Apple are very good at negotiating with manufactures so they pay the bare minimum for components. There have been many cases where manufactures have walked away from Apple as it just wasn't worth it. With Patents its more difficult to do since they are essential for the phone to operate. Hence why its gone to court. Apple may well have wanted to pay a lot less for the Patents but Ericcson said no. Maybe Apple think they can increase profits even more by trying this sort of tactic over Patents.”

I would have thought that any company would try to negotiate the best price for anything - that much is hardly some sort of black mark against Apple.

My understanding is that Apple had been paying Ericcson already, but the contract ended recently, so it was up for renegotiation. At which point Ericsson want to increase the price significantly. What the true, fair price would be I have no idea - in all likelihood somewhere between the two, as would be typical in any negotiation.

Having said all of that, I don't think you really answered the question, which was about your insinuation that what Apple pay should somehow be related to how much profit they make.

Again, if so, why?

If not, why mention it as though it is?

Its not a trick question - I'm just curious as to your thinking on it.
calico_pie
28-02-2015
Originally Posted by swordman:
“I suppose wise words again CP”

Wise words? Are you kidding? Idiotic more like it.
jchamier
28-02-2015
Originally Posted by Everything Goes:
“With Patents its more difficult to do since they are essential for the phone to operate.”

If they are "Standard essential patents" for the cellular radios, then these are regulated; by becoming part of the standard the patent owner agrees (contractually, with the standard organisation, e.g. IEEE, or 3GPP) they will be licensed on FRAND (Fair, Reasonable And Non Discriminatory) basis.

If they're not standard essential patents, then its over to courts.
swordman
28-02-2015
Originally Posted by calico_pie:
“Wise words? Are you kidding? Idiotic more like it.”

I'm confused are you calling yourself an idiot, fair enough then.
calico_pie
28-02-2015
Originally Posted by swordman:
“I'm confused are you calling yourself an idiot, fair enough then.”

I just threw the suggestion into the mix, but it wasn't me who described them as "wise words".
slattery69
28-02-2015
Originally Posted by calico_pie:
“I would have thought that any company would try to negotiate the best price for anything - that much is hardly some sort of black mark against Apple.

My understanding is that Apple had been paying Ericcson already, but the contract ended recently, so it was up for renegotiation. At which point Ericsson want to increase the price significantly. What the true, fair price would be I have no idea - in all likelihood somewhere between the two, as would be typical in any negotiation.

Having said all of that, I don't think you really answered the question, which was about your insinuation that what Apple pay should somehow be related to how much profit they make.

Again, if so, why?

If not, why mention it as though it is?

Its not a trick question - I'm just curious as to your thinking on it.”


Thats the first I've seen BIB about that, the report i linked to suggested that this is over how the amount is worked out , not that ericsson where trying to ramp up the cost of payment,.
Ive not seen that suggestion anywhere can you link to it please so i can read it. Be interesting to read it
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